THE "CALL IN"PERIOD FOR THESE DECISIONS EXPIRES AT 5.00 PM ON THURSDAY, 20 DECEMBER 2001. NONE OF THE DECISIONS CAN BE IMPLEMENTED UNTIL AFTER THAT DATE.

MINUTES OF A MEETING OF THE EXECUTIVE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON THURSDAY, 11 DECEMBER 2001 COMMENCING AT 9.30 AM

Present :

Mrs S A Smart (Chairman), Mr J A Bowker, Mr E Fox, Mr P G Harris, Mrs M A Jarman, Mrs B Lawson, Mr M O Morgan Huws, Mr H Rees, Mrs J White

Apologies :

Mr R R Barry

Also present non-voting :

Mr A C Bartlett, Mr J H Fleming, Mr R G Mazillius, Mr A A Taylor, Mr D G Williams, Mr D T Yates

RESOLVED :

THAT the Minutes of the meeting of the Executive held on 27 November 2001 be confirmed.

97. DECLARATIONS OF INTEREST

Interests were declared in the following matters:

Mrs S A Smart and Mrs B Lawson declared a non-pecuniary interest in Minute 105 (b) - Isle of Wight Council Events Programme.

98. PUBLIC QUESTION TIME

Questions were put to the Chairman as follows :

Mr M Newland on behalf of the Fire Brigades Union in relation to the Best Value document on Control and Communication (PQ49/01).

Copies of the questions and replies given are contained in the Public Question Register.

99. ISLE OF WIGHT PARTNERSHIP UPDATE

The Portfolio Holder outlined the action that had been taken to address the current funding issues which faced the Isle of Wight Partnership. The draft business plan for 2002/3 assumed a continuation of Council funding at present levels at �104,000 pa. It was proposed that in future the Council would assist the Partnership with the provision of strategic financial management and support as well as financial services for a charge to cover the costs involved. Members were informed that further support from the Council would be required in the form of a cash flow facility. This was estimated to be in the region of �150,000. It was emphasised that the Council had not been asked to make an increased contribution to the Partnership but to facilitate this cash flow requirement through its own cash flow management. This could be provided at no cost to the Council as interest would be charged to the Partnership. The Portfolio Holder confirmed that once accounts had been signed off, SEEDA would fund a full audit by Ernst and Young in order to make certain that all the assets and liabilities of the Partnership had been taken into account and that the assumptions made in the draft business plan for 2002/3 were sound. The Chairman expressed appreciation to those who had been involved in the work of the Isle of Wight Partnership.

RESOLVED :

(i) THAT funding for the Partnership at present levels for 2002/3 (�104,000 pa) be continued

(ii) THAT Partnership be provided with strategic financial management and financial services, for which a charge will be made be provided to the Partnership

(iii) THAT a cash flow facility for the Partnership at no cost to the Council be provided.

(iv) THAT a further report detailing progress made be brought to the Executive in March 2002.

100. APPOINTMENT TO OUTSIDE BODIES

Consideration was given to the recommendation made by the Social Services, Housing and Benefits Select Committee on the appointment of Councillor Deborah Gardiner as the Council's representative on the Adoption and Fostering Panels.

RESOLVED :

THAT Councillor Deborah Gardiner be appointed as the Council's representative on the Adoption and Fostering Panels.

101. FIRE SERVICE RESOURCES

The Portfolio Holder reported that on 15 October 2001 the Fire and Public Safety Committee considered the findings of a review undertaken by the Chief Fire Officer following his first year in post together with feedback from the inspection of the Brigade by Her Majesty's Inspector of Fire Services during August 2001. One area which required attention was in relation to maximising the use of ICT throughout the Brigade. Members were advised that the financial implications for the 2002/2003 budget onwards in relation to staff resources alone, having taken into account all proposed increased and savings would be �131,244. ICT costs, both revenue and capital had yet to be identified.

RESOLVED :

THAT the additional resources required for the Fire and Rescue Services be considered as part of the Budget for 2002/03.

102. PORTFOLIO HOLDER - PUBLIC, ENVIRONMENT PROTECTION AND WASTE

(a) Revised Enforcement Policy Statement and Noise Control Policy

Members gave consideration to the revised Environmental Health Department's Enforcement Policy Statement and Noise Control Policy which took into account the latest guidance from the government and recent changes in legislation.

RESOLVED :

THAT the revised Enforcement Policy Statement and Noise Control Policy be adopted.

103. Service Plans for 2001/2002 Food Safety and Hygiene and for Food Standards and Feedingstuffs

Consideration was given to the 2001/2002 Service Plan for Food Standards and Feedingstuffs, which covered the food law enforcement functions undertaken by the Council's Trading Standards Service and also an interim report which set out 2001-2002 Service Plan for Food Safety and Hygiene, which covered the food law enforcement functions performed by the Council's Environmental Health Department. In addition, the report also informed members of the Council's Environmental Health Department's mid-year performance against the Food Safety and Hygiene Service Plan for 2001-2002.

RESOLVED :

THAT both service plans be adopted.

104. LAND AT JUNCTION OF RINK ROAD / MONKTON STREET, RYDE

Members were advised that the purchaser for the land was unable to fulfil to two of the provisions in the contract for sale. The first, that the land be used for a doctors surgery in perpetuity and the other that completion took place prior to 30 November 2001. The Council had been advised that there was difficulty funding such a restriction in perpetuity because the use could not be guaranteed forever. The developer and funder were prepared to accept the restriction if it could be modified to a 20 year period and thereafter be free from restriction. It was reported that the planning decision notice was not issued until 9 November 2001 which left the developer and his funder open to a possible risk of a third party application for judicial review. As a result, the lenders had stated that funding for the entire scheme would not be available until a reasonable time had elapsed after the grant of planning permission when the risk of third party claims would be reduced. Members discussed the proposed restriction limiting the land for use as a doctors surgery and considered the inclusion of a option to buy back the land if this use ever ceased.

RESOLVED :

(i) THAT the completion date for the sale of land at Rink Road, Ryde, be amended to on or after 12 December 2001.

(ii) THAT the restriction to a doctors surgery or health related premises would apply for a period of 20 years only.

(iii) THAT a clause be inserted into the contract to the effect that if the land ceased to be used as doctors surgery or for health related premises, the Council or its successors, would have a 3 month option to acquire the land at the then market value.

105. PORTFOLIO HOLDER - TOURISM AND LEISURE

(a) Isle of Wight Council Contract Standing Orders - Recommendation From Tourism Partnership

The Portfolio Holder informed members that the Directors at a recent meeting of the Tourism Partnership agreed that an exemption to the Isle of Wight Standing Orders in relation to Media Buying be sought. Members were informed that media buying was diverse and compliance with normal tendering procedure may curtail the value and worth of advertising campaigns.

RESOLVED :

THAT an exemption from Standing Orders for Isle of Wight Tourism in relation to media buying be granted, subject in each case to the prior approval of the County Treasurer.

(b) Isle of Wight Council Events Programme 2002/3

(Mrs S A Smart declared a non-pecuniary interest in relation to Newport Carnival; Mrs B Lawson declared a non-pecuniary interest in relation to Ventnor Carnival).

Consideration was given to the proposed new strategic aims and updated event selection criteria as well as the proposed Programme of Events for 2002/2003. Members recognised the importance of drawing money to the Island and believed money should be spent on events across the Island rather than concentrating funds into a few specific areas. The Programme of Events for 2002/2003 had been discussed at a recent meeting of the of the Economic Development, Planning, Tourism and Leisure Services Select Committee. The Chairman addressed the Executive.

RESOLVED :

(i) THAT the revised strategic aims for the Events Strategy be approved.

(ii) THAT the 2002/3 Annual Events programme as printed in appendix 2 of the report be approved subject to the funding for Fireworks at Ryde Regatta being being reduced to �5,000 with the other �5,000 being distributed for carnivals across the Island for the next year and with funding in future years to be withdrawn completely.

(iii) THAT the events programme should be a 3 year rolling programme, reviewed annually with a 5 year forward overview to identify major national or local anniversaries or events.

106. PORTFOLIO HOLDER - EDUCATION AND LIFELONG LEARNING

(a) LEA Appointments to School Governing Bodies

The Portfolio Holder for Education and Lifelong Learning informed members of two vacanices and nominations for the LEA appointments to Governing Bodies. Although the Portfolio Holder had been given delegated powers by the Executive in relation to uncontested vacancies, the matter had been put to the Executive as the first vacancy was contested and the second because the Portfolio Holder did not wish to nominate himself.

RESOLVED :

THAT the following be appointed to serve on the undermentioned governing bodies:

Oakfield CE Cllr D Knowles CC

Sandown Cllr P Harris CC

(b) Isle of Wight Arts Strategy 2002-2007 - Recommendation from Education, Community Development and Lifelong Learning Select Committee

Consideration was given to the endorsement of the Isle of Wight Arts Strategy 2002/7. The matter had recently been considered by the Education, Community Development and Lifelong Learning Select Committee at its meeting on 8 October 2001 who had recommended the endorsement of the strategy to the Executive.

RESOLVED :

THAT the Arts Strategy for 2002-7 be endorsed.

(c) Museum Service Acquisition and Disposal Policy Statement

Members were advised that an amendment to the recently approved Acquisitions and Disposal Policy was necessary in order for registration of the Museum Service with the South Eastern Museums Agency. The agency had requested that an amendment be made to cover the acquisition of geological, biological archaeological materials in greater detail.

RESOLVED :

THAT the Museum Service's Acquisitions and Disposal Policy 2001-2006 be amended and approved as set out in the report.

CHAIRMAN